DeChristopher lacks grounds to appeal, government says

Amy Joi O'Donoghue

Published: Friday, Jan. 27 2012 12:00 a.m. MST

DENVER The U.S. Attorney for Utah said Thursday environmental activist Timothy DeChristopher lacks any legal grounds to contest his conviction on monkey-wrenching an oil and gas lease-auction because the sentencing judge acted within his discretion.

In a response filed with the 10th Circuit Court of Appeals to DeChristophers appeal of a conviction in Utah on two third-degree felonies, U.S. attorneys said he failed to prove federal Judge Dee Benson improperly tossed out the necessity defense or that DeChristopher acted because he had no choice.

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